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Senate File 2422

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  NEW SECTION.  15E.41  PURPOSE.
  1  2    The purpose of this division is to enhance the quality of
  1  3 life for citizens of this state by encouraging the creation of
  1  4 new jobs, industry, products, and wealth through the increased
  1  5 availability and accessibility to capital, particularly at the
  1  6 seed and venture capital investment stages.
  1  7    Sec. 2.  NEW SECTION.  15E.42  TAX CREDITS.
  1  8    1.  For tax years beginning on or after January 1, 2000, a
  1  9 tax credit shall be allowed against the taxes imposed in
  1 10 chapter 422, divisions II, III, and V, and in chapter 432, for
  1 11 net losses, as described in section 15E.43, subsection 2,
  1 12 incurred by a taxpayer in an equity investment approved
  1 13 pursuant to section 15E.43.  An individual may claim the
  1 14 credit of a partnership, limited liability company, S
  1 15 corporation, estate or trust electing to have income taxed
  1 16 directly to the individual.  The amount claimed by the
  1 17 individual shall be based upon the pro rata share of the
  1 18 individual's earnings from the partnership, limited liability
  1 19 company, S corporation, estate or trust.  Any tax credit in
  1 20 excess of the taxpayer's liability for the tax year may be
  1 21 credited to the tax liability for the following three years or
  1 22 until depleted, whichever is earlier.  A tax credit shall not
  1 23 be carried back to a tax year prior to the tax year in which
  1 24 the taxpayer redeems the tax credit.
  1 25    2.  The maximum tax credit for a qualifying taxpayer shall
  1 26 not exceed fifty percent of the taxpayer's original equity
  1 27 investment in an approved investment or one hundred thousand
  1 28 dollars, whichever is less.
  1 29    3.  The aggregate amount of tax credits issued under this
  1 30 section for taxes imposed pursuant to chapter 422, divisions
  1 31 II, III, and V, and chapter 432 shall not exceed a total of
  1 32 thirty-five million dollars.
  1 33    4.  The department of revenue and finance, in consultation
  1 34 with the department of economic development, shall develop a
  1 35 system for registration, authorization, and redemption of tax
  2  1 credits issued by the state under this section.  The
  2  2 department of revenue and finance and the department of
  2  3 economic development shall adopt any other policies,
  2  4 procedures, or rules pursuant to chapter 17A necessary for the
  2  5 administration of this division and of tax credits issued by
  2  6 the state under this section.
  2  7    Sec. 3.  NEW SECTION.  15E.43  APPROVED INVESTMENTS.
  2  8    1.  In order for an investment to qualify for a tax credit
  2  9 under section 15E.42, the investment must be approved by the
  2 10 department of economic development and be in a qualifying
  2 11 business.  In order to be a qualifying business, the business
  2 12 must meet all of the following criteria:
  2 13    a.  The business is located in this state.
  2 14    b.  The business has been in operation for five years or
  2 15 less.
  2 16    c.  The business has a business plan which details the
  2 17 business's growth strategy, the management team if applicable,
  2 18 a production or management plan, a financial plan, and other
  2 19 standard elements of a business plan.
  2 20    d.  The business has an owner who is currently
  2 21 participating in, or has successfully completed, a recognized
  2 22 entrepreneurial venture development curriculum or have an
  2 23 owner with a minimum of three years of management experience.
  2 24    e.  The business is not a business engaged primarily in
  2 25 retail sales, the provision of health care or other
  2 26 professional services, or the distribution of products or
  2 27 services.
  2 28    2.  a.  A tax credit authorized under section 15E.42 may be
  2 29 redeemed for losses of the taxpayer's original equity
  2 30 investment realized upon either of the following, whichever
  2 31 occurs first:
  2 32    (1)  Upon the insolvency of the business.
  2 33    (2)  Upon transfer of ownership of substantially all of the
  2 34 qualifying business after a minimum of three years from the
  2 35 date of the qualifying equity investment that, at the time of
  3  1 the transfer, would demonstrate a documented loss in the value
  3  2 of the original equity investment.
  3  3    b.  The tax credit shall not be redeemed later than ten
  3  4 years from the date of the qualifying investment.
  3  5    Sec. 4.  NEW SECTION.  15E.44  REPORTS AND RESERVES.
  3  6    1.  By December 15 of each year, the department of economic
  3  7 development, in consultation with the department of revenue
  3  8 and finance, shall submit a report to the governor and the
  3  9 general assembly.  The report shall include, but not be
  3 10 limited to, the anticipated value of any tax credits issued
  3 11 and the estimated current and anticipated impact the approved
  3 12 investments have on the state.
  3 13    2.  The department of economic development shall conduct an
  3 14 annual risk analysis which matches the current and anticipated
  3 15 value of approved equity investments with the current and
  3 16 anticipated value of any tax credits issued.  If the
  3 17 anticipated value of the tax credits authorized exceeds the
  3 18 anticipated value of approved investments, the department of
  3 19 economic development shall establish a reserve account within
  3 20 the repayment stream of an Iowa agricultural industry finance
  3 21 loan made pursuant to section 15E.208 sufficient to cover such
  3 22 losses to the general fund of the state in the event that tax
  3 23 credits are redeemed.
  3 24    Sec. 5.  NEW SECTION.  422.11C  APPROVED INVESTMENT TAX
  3 25 CREDIT.
  3 26    The taxes imposed under this division, less the credits
  3 27 allowed under sections 422.12 and 422.12B, shall be reduced by
  3 28 an approved investment tax credit authorized pursuant to
  3 29 sections 15E.41 through 15E.44.
  3 30    An individual may claim the approved investment tax credit
  3 31 allowed a partnership, limited liability company, S
  3 32 corporation, or estate or trust electing to have the income
  3 33 taxed directly to the individual.  The amount claimed by the
  3 34 individual shall be based upon the pro rata share of the
  3 35 individual's earnings of the partnership, limited liability
  4  1 company, S corporation, or estate or trust.
  4  2    Any credit in excess of the tax liability for the tax year
  4  3 may be credited to the tax liability for the following three
  4  4 years or until depleted, whichever is earlier.
  4  5    Sec. 6.  Section 422.33, Code Supplement 1999, is amended
  4  6 by adding the following new subsection:
  4  7    NEW SUBSECTION.  9.  The taxes imposed under this division
  4  8 shall be reduced by an approved investment tax credit
  4  9 authorized pursuant to sections 15E.41 through 15E.44.
  4 10    Any credit in excess of the tax liability for the tax year
  4 11 may be credited to the tax liability for the following three
  4 12 tax years or until depleted, whichever is earlier.
  4 13    Sec. 7.  Section 422.60, Code 1999, is amended by adding
  4 14 the following new subsection:
  4 15    NEW SUBSECTION.  4.  The taxes imposed under this division
  4 16 shall be reduced by an approved investment tax credit
  4 17 authorized pursuant to sections 15E.41 through 15E.44.
  4 18    Any credit in excess of the tax liability for the tax year
  4 19 may be credited to the tax liability for the following three
  4 20 tax years or until depleted, whichever is earlier.
  4 21    Sec. 8.  NEW SECTION.  432.12A  APPROVED INVESTMENT TAX
  4 22 CREDIT.
  4 23    The taxes imposed under this chapter shall be reduced by an
  4 24 approved investment tax credit authorized pursuant to sections
  4 25 15E.41 through 15E.44.
  4 26    Any credit in excess of the tax liability for the calendar
  4 27 year may be credited to the tax liability for the following
  4 28 three calendar years or until depleted, whichever is earlier.  
  4 29                           EXPLANATION
  4 30    This bill creates a personal income, corporate income,
  4 31 financial institution franchise, and insurance premium tax
  4 32 credit which may be claimed by a taxpayer for net losses
  4 33 incurred by the taxpayer in an approved equity investment.
  4 34 The bill provides that any tax credit in excess of the
  4 35 taxpayer's liability may be credited to the tax liability for
  5  1 the following three years or until depleted, whichever is
  5  2 earlier.  The bill provides that the tax credit shall not be
  5  3 carried back to previous tax years.  The bill provides that
  5  4 the maximum tax credit for a qualifying taxpayer shall not
  5  5 exceed 50 percent of the taxpayer's original equity investment
  5  6 in an approved investment or $100,000, whichever is less.  The
  5  7 bill provides that the aggregate amount of tax credits issued
  5  8 by the state shall not exceed a total of $35 million.
  5  9    The bill provides that in order for an investment to
  5 10 qualify for a tax credit, the investment must be approved by
  5 11 the department of economic development and be in a qualifying
  5 12 business which meets certain criteria.  The bill provides that
  5 13 a tax credit may be redeemed for losses of the taxpayer's
  5 14 original equity investment incurred upon the insolvency of the
  5 15 business or upon the transfer of ownership of substantially
  5 16 all of the qualifying business after a minimum of three years
  5 17 from the date of the qualifying equity investment.  The bill
  5 18 provides that the tax credit shall not be redeemed later than
  5 19 10 years from the date of the qualifying investment.
  5 20    The bill provides that, by December 15 of each year, the
  5 21 department of economic development, in consultation with the
  5 22 department of revenue and finance, shall submit a report to
  5 23 the governor and the general assembly relating to the
  5 24 anticipated value of any tax credits issued and the estimated
  5 25 current and anticipated impact the approved investments have
  5 26 on the state.  The bill provides that the department of
  5 27 economic development shall conduct an annual risk analysis
  5 28 which matches the current and anticipated value of approved
  5 29 equity investments with the current and anticipated value of
  5 30 any tax credits issued.  The bill provides that if the
  5 31 anticipated value of the tax credits authorized exceeds the
  5 32 anticipated value of qualifying equity investments, the
  5 33 department of economic development shall establish a reserve
  5 34 account within the repayment stream of an Iowa agricultural
  5 35 industry finance loan made pursuant to Code section 15E.208
  6  1 sufficient to cover such losses to the general fund of the
  6  2 state in the event that tax credits are redeemed.  
  6  3 LSB 5498XS 78
  6  4 tm/as/5
     

Text: SF02421                           Text: SF02423
Text: SF02400 - SF02499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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